NEW ORDINANCE CITY OF WEST FRANKFORT ORDINANCE TJ-2-_____ AN ORDINANCE ESTABLISHING RULES AND REGULATIONS PERTAINING TO MOBILE HOMES, MANUFACTURED HOMES, MODULAR HOMES, PORTABLE BUILDINGS, POLE BARNS, GARAGES, CARPORTS AND SHEDS PASSED BY THE CITY COUNCIL OF THE CITY OF WEST FRANKFORT THIS 12TH DAY OF NOVEMBER, 2014. Published in pamphlet form by authority of the City Council of the City of West Frankfort on this 12th day of November, 2014. ORDINANCE NO. TJ-20-_____ AN ORDINANCE ESTABLISHING RULES AND REGULATIONS PERTAINING TO MOBILE HOMES, MANUFCTURED HOMES, MODULAR HOMES, PORTABLE BUILDINGS, POLE BARNS, GARAGES, CARPORTS AND SHEDS WHEREAS, the City of West Frankfort is a home rule unit of government that has authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and to protect the public health, safety and welfare of its citizens (ILL.CONST. Art VII, §6); and WHEREAS, all municipalities have certain police powers granted by statute, including the power to regulate and locate mobile homes (65 ILCS 5/11-5-8) and to require all structures to be in compliance with municipal building codes and zoning ordinances (210 ILCSC 115/10.2) WHEREAS, the City Council deems it advisable and necessary for the health, safety and welfare of the residents of the City of West Frankfort and in the best interests of the City of West Frankfort to adopt and enforce the hereafter rules and regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF WEST FRANKFORT, FRANKLIN COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: PURPOSE The purpose of this Ordinance is to require that the owners of all structures, mobile homes, manufactured homes, modular homes, portable buildings, pole barns, garages, carports and sheds obtain a building permit with the City to ensure the building is in compliance with the zoning Ordinance, this Ordinance, other Ordinances of the City and state statutes. SECTION 2: OTHER ORDINANCES This Ordinance shall not be construed to prevent the enforcement of other applicable ordinances, codes, legislation, and regulations which prescribe standards other than are provided herein. When a provision of this ordinance conflicts with any other provision of ordinances, codes, legislation and regulations regulating the same subject matter, the more stringent or restrictive provision shall apply. SECTION 3: DEFINITIONS Unless otherwise expressly stated or clearly indicated by the context, the following terms shall, for the purpose of this ordinance, have the meanings indicated in this section: A. Dependent Mobile Home means a mobile home which does not have toilet and bath or shower facilities. (210 ILCS 115/2.3) B. Immobilized Mobile Home means a mobile home served by individual utilities (sewer, water, electricity) resting on a permanent perimeter foundation which extends below the established frost depth with the wheels, tongue and hitch removed and the home secured in compliance with the Illinois Mobile Home Tiedown Act. (210 ILCS 115/2.10) (210 ILCS 120/et seq.) C. Independent Mobile Home means a mobile home which has a self-contained toilet and bath or shower facilities. (210 ILCS 115/2.4) D. Individual Utilities means the provision for each mobile home of: a separate metered connection to electrical service; separately tapped water service from an approved public water supply or a separate private water supply; and a separately tapped connection to an approved public sewer system or a separate private sewage disposal system. (210 ILCS 115/2.8) E. Mobile Home also referred to as a Manufacture Home means a factory-assembled, completely integrated structure designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, and is a movable or portable unit that is (i) 8 body feet or more in width, (ii) 40 body feet or more in length, and (iii) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed and situated so as to permit its occupancy as a dwelling place for one or more persons, and specifically includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code. The term shall include units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term excludes campers and recreational vehicles. The term mobile home shall not include modular homes and their support systems. The words mobile home and manufactured home are synonymous for the purposes of this Ordinance. (210 ILCS 115/2.1) F. Mobile Home Park means a tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. Neither an immobilized mobile home nor a motorized recreational vehicle shall be construed as being a part of a mobile home park. All mobile home parks must be in strict compliance with the Illinois Mobile Home Park Act, 210 ILCS 115/1, et seq. G. Modular home, also known as panelized or prefab, is constructed of pre-made parts and unit modules at a factory. Wall panels, trusses, and other pre-fabricated house parts are transported on a flatbed truck from the factory to the building site then joined together by local contractors. At the building site, these house sections are lifted onto the foundation where they are permanently anchored. They do not rest on a steel chassis. Modular homes must conform to the building codes for the locations where they are erected. H. Permanent habitation means habitation for a period of two (2) or more consecutive months. I. Pole Barn is a building which lacks a conventional foundation built from treated poles, typically at eight-foot intervals, anchored into the ground with cement and sometimes rock. Boards and metal are used for the sides and roof as well as screws to attach to the metal. J. Portable Building is any prefabricated structure assembled off site and delivered to the site as a complete unit or a building purchased in kit form and assembled onsite, which can be moved without disassembly to another location. K. Site means the lot on which the mobile home is located or is to be located for permanent habitation. (210 ILCS 115/2. L. Structure means anything constructed or erected with a fixed location on the ground. This includes buildings, mobile homes, manufactured homes, modular homes, portable buildings, pole barns, garages, carports and sheds. SECTION 4: A PERMANENT SINGLE-FAMILY DWELLING A mobile, manufactured or modular home, permanently placed, shall be considered a single-family dwelling and shall conform to all the requirements of any single-family dwelling as required by the ordinances of the City, and State and Federal laws, and shall be the principal building located on the lot, tract or parcel of land. (Ord. JS2-159 (part), 1993: Ord. M-68 § 2, 1969). SECTION 5: BUILDING PERMIT REQUIRED. No structure, mobile home, manufactured home, modular home, portable building, pole barn, garage, carport or shed shall be constructed, moved or placed upon any lot, tract or parcel of land until a building permit has been obtained therefor as provided in this chapter. (Ord. JS2-159 (part), 1993: Ord. M-68 § 3, 1969). SECTION 6: FEES In the absence of provision to the contrary, all fees and charges for permit shall be paid once approval of City Council has been obtained and said permit has been approved. All fees and charges shall be made payable to the City Clerk in the amounts prescribed by the corporate authorities. SECTION 7: REQUIREMENTS FOR ISSUANCE OF A PRELIMINARY PERMIT A. A request for an application for a preliminary permit to locate a mobile home, manufactured home, modular home, portable building, pole barn, garage, carport or shed shall be accompanied by a drawing of the lot, showing the lot size, and planned location of the structure, with a photo of the mobile home, manufactured home, modular home, portable building, pole barn, garage, carport or shed. (Ord. JS2-159 (part), 1993: Ord. M-68 § 4, 1969). B. Upon the filing of the application for a preliminary building permit which complies with the requirements as set forth in Section 8 and any other Ordinances, and upon approval by the City Council, a preliminary building permit shall be issued to the applicant. (Ord. JS2-159 (part), 1993). C. The applicant for a preliminary and/or final building permit for a portable building, pole barn, garage, carport or shed must also be in compliance with Section 17.12, 17.16 and any other appropriate sections of the Zoning Ordinance of the City. SECTION 8: REQUIREMENTS FOR ISSUANCE OF A FINAL PERMIT. No final building permit shall be issued until the following requirements concerning the mobile home, manufacture home, modular home, (all are hereafter referred to as: home) lot, tract or parcel of land where the home is to be located have been complied with. A. Minimum Lot Size: The lot, parcel or tract of land shall contain minimum dimensions of fifty (50) feet by one hundred (100) feet. B. Space Requirements and Setback. No mobile home, manufactured home or modular home (hereafter home) shall hereafter be constructed, established or maintained which does not conform to the following setbacks: 1. No home shall be located closer than twenty five (25) feet from the front property line of the lot, parcel or tract of land or thirty (30) feet from the street or public road. 2. No home shall be located closer than ten (10) feet from the side of any property line of adjacent property owners. 3. No home shall be located closer than twenty-five (25) feet from the rear property line of the lot, parcel or tract of land. C. Parking: Each home shall provide for off-street parking for at least one vehicle. D. Home per lot: There shall be only one home located on any one lot. E. Immobilized: The home shall be immobilized with individual utilities, resting upon a permanent foundation which extends below the established frost depth and the home shall be secured to its foundation in compliance with the Illinois Mobile Home Tie Down Act (210 ILCS 120/1-7). The wheels tongue, and hitch on a mobile home must be permanently removed. The axles may be removed. F. Foundation: The foundation for the home shall extend into the ground below the frost line so as to attach and become a part of the real estate. Materials such as concrete, mortared concrete block or mortared brick extending into the ground below the frost line shall satisfy the requirements for a permanent foundation. G. Minimum Standards: No person shall occupy for the purpose of living within a home which does not comply with the following requirements. Permanent connection to utilities will not be approved until the Codes Officer issues a Certificate of Occupancy. 1. Interior: Every floor, wall, ceiling, roof, doors and windows shall be reasonably weather-tight, water-tight, and vermin proof. Doors and windows shall be operable. 2. Exterior: Every exterior wall shall be free of rust, loose or rotting boards or siding, and any other condition which might admit vermin, rain or dampness to the interior portions of the walls. 3. Kitchen and Bathroom: Every home shall contain a kitchen sink and bathroom properly connected with hot and cold water lines and properly connected to a water and sewer system. 4. Heating: Every home shall have a heating facility which is properly installed, safe and in good working condition. Un-vented heaters are prohibited. 5. Electric System: Every home shall be supplied with an operable electric system that meets code. Electric wiring and fixtures shall be properly installed and maintained in safe working condition. 6. Water Heater: Every home shall have an operable water heater which is properly installed and connected with the hot water lines and capable of heating water at a temperature of not less than 120 degrees Fahrenheit. 7. Egress: Every home shall have a safe, unobstructed means of egress leading to a safe and open space. If there is only one (1) door, it must have at least one operable window large enough to allow egress if necessary. 8. Smoke Detectors and Carbon Monoxide Detectors: Every home shall be in compliance with the Illinois statutes concerning smoke detectors and carbon monoxide detectors. SECTION 9: TIME LIMIT FOR FINAL PERMIT. The applicant shall have ninety (90) days after Council approval of the preliminary permit to comply with the requirements of this Ordinance and other City Ordinances for the issuance of a final permit. SECTION 10: EXISTING MOBILE, MANUFACTURED AND MODULAR HOMES. The restrictions and limitations as provided in this Ordinance shall not apply to any mobile, manufactured or modular home in existence on the effective date of this Ordinance; provided, however, that such nonconformance shall continue to exist only during the life of such existing mobile home, manufactured home or modular home. Nothing in this section shall be construed to permit or authorize any existing mobile homes, manufactured homes or modular homes to be maintained in violation of any housing or fire protection codes or statutes now existing or hereinafter enacted by the City, State or Federal government. (Ord. JS2-159 (part), 1993: Ord. M-68 § 13, 1969). A. All existing mobile, manufactured or modular homes shall be exempt from compliance with this ordinance so long as they remain in their existing locations. If such mobile, manufactured or modular homes are removed from their existing locations, replacement units may be so installed only if in compliance with this Ordinance, State statutes and Federal regulations. B. All such replacement mobile, manufactured or modular homes must be converted into immobilized mobile homes, and all requirements for such immobilization, including requirements as to changes to the foundation, as to removal of wheels, tongue and hitch must be fully complied with. Permits shall be required for all replacement mobile, manufactured or modular homes and all requirements shall be the same as for any other mobile, manufactured or modular homes newly brought into the City. SECTION 11: STORAGE OF MOBILE, MANUFACTURED OR MODULAR HOMES. No person shall store any mobile, manufactured or modular home on any property within the City without first obtaining a building permit as provided in this chapter. (Ord. JS2-159 (part), 1993: Ord. M-68 § 16, 1969). SECTION 12: DEPENDENT MOBILE HOMES, PORTABLE BUILDINGS, POLE BARNS, GARAGES, CARPORTS AND SHEDS. Dependent mobile homes, and campers, travel trailers or other like vehicles used principally for recreational purposes shall not be used as a permanent habitation. Neither shall any portable building, pole barn, garage, carport or shed be used as a permanent habitation. The City Council may grant up to a two (2) month temporary permit for permanent habitation, upon a showing of good cause. Such a permit may be renewed upon application and showing of continuing good cause. Any such permit may be revoked at any time for a violation of any conditions of the permit. SECTION 13: PORTABLE BUILDINGS A. A permit must be obtained for portable buildings to be placed or moved upon any lot or tract or parcel of land to ensure the structure is in compliance with the zoning ordinance and other ordinances of the City and state statues. B. Portable Buildings shall not be converted into residential structures. SECTION 14: POLE BARNS, GARAGES, CARPORTS AND SHEDS A. A building permit must be obtained for all pole barns, garages, carports and sheds to ensure the structure is in compliance with the zoning ordinance and other ordinances of the City and state statutes. B. Pole Barns must meet all City, State and Federal residential requirements concerning building construction to be converted into a residential structure. To do so, the owner must follow the application procedure outlined herein and received a final building permit and Certificate of Occupancy. C. Garages, carports, sheds or minor accessory structures shall not be converted into residential structures. SECTION 15: APPEAL PROCEDURE A. Any applicant aggrieved by the decision of the Codes Officer to issue a permit shall have the right to appeal the Codes Officer’s decision to the City Council. Such appeal shall be requested by submitting a written request to the City Clerk within five (5) days of the action of the Codes Officer which is appealed. B. The City Council shall consider the appeal at its next regularly scheduled meeting, at which time the applicant shall be entitled to present his/her appeal orally or in writing. The City Council shall act on the appeal within seven (7) days of the hearing and shall either uphold the action of the Codes Officer or shall direct the issuance of a permit which the Codes Officer has denied. SECTION 16: VIOLATION--PENALTY AND ENFORCEMENT A. Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with or resist the enforcement of any of the provisions of this chapter shall be subject to a fine of not less than fifty dollars and not more than five hundred dollars. B. Each day a violation continues shall be deemed and constitute an additional separate violation of this Ordinance. C. The proper authorities of the City, in addition to any other remedies provided herein may institute any appropriate actions or proceedings including but not limited to an injunction or temporary restraining order in any court having jurisdiction to prevent the violation of this Ordinance or refusal to comply with this Ordinance. Any person found to be in violation hereof, shall be responsible for and pay all costs and expenses, including legal fees incurred by the City in enforcing the provisions of this Ordinance. (Ord. JS2-159 (part), 1993: Ord. M-68 § 17, 1969). No. MP-98, § 1, 11-10-2009) SECTION 17: RECITALS AND FINDINGS. All recitals stated in the preamble are hereby incorporated herein. SECTION 18: REPEALER. All ordinances, resolutions, orders, or parts thereof, which conflict with the provisions of this Ordinance, to the extent of such conflict, are hereby repealed. SECTION 19: SEVERABILITY. The provisions of this Ordinance are severable, and the invalidity of any provision of this Ordinance shall not affect the validity of the rest of the Ordinance. SECTION 20: CONTROLLING. If the provisions of this Ordinance are found to be inconsistent with other provisions of the West Frankfort Illinois Municipal Code regulating the same subject matter, this Ordinance is deemed to control unless the other provisions are more stringent or restrictive. In that case the more stringent or restrictive provision shall be controlling. SECTION 21: AUTHORITY. The source of power for passing this ordinance is the home rule authority of the City of West Frankfort, Illinois and/or the Illinois Municipal Code. SECTION 22: FULL FORCE. This Ordinance pertains to the government and affairs of the City, and is to protect the public health, safety and welfare of its citizens and due to its exigency shall be effective and in full force immediately upon its passage, approval and publication in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF WEST FRANKFORT, FRANKLIN COUNTY, ILLINOIS, THIS 12th DAY OF NOVEMBER, 2014. AYES: ______ NAYS: ______ ABSENT: ______ APPROVED BY THE MAYOR OF THE CITY OF WEST FRANKFORT THIS 12TH DAY OF NOVEMBER, 2014. __________________________________________ Tom Jordan, Mayor of the City of West Frankfort ATTEST: _______________________________ Angela Baker, City Clerk ORDINANCE NO. TJ-2-_____ ORDINANCE TJ-2-_____ AN ORDINANCE ESTABLISHING RULES AND REGULATIONS PERTAINING TO MOBILE HOMES, MANUFACTURED HOMES, MODULAR HOMES, PORTABLE BUILDINGS, POLE BARNS, GARAGES, CARPORTS AND SHEDS PUBLISHED in pamphlet form this 12th day of November, 2014. ______________________________________ Angela Baker, City Clerk
Posted on: Mon, 24 Nov 2014 18:56:39 +0000
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